MOUNTAIN SPINNING MILLS LIMITED Vs. CHAIRMAN AND MANAGING DIRECTOR, TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED; DIRECTOR, (DISTRIBUTION), TAMIL NADU GENERATION AND DISTRIBUTION

JUDGEMENT

(1.) The short facts of the case are as follows:-

(2.) The petitioner further submits that the State Electricity Regulatory Commission is mandated under Section 86 of the Electricity Act, 2003 to specify and enforce standards with respect to quality, continuity and reliability of service by licensees. Pursuant thereto, the commission issued the Tamil Nadu Electricity Regulatory Commission - Tamil Nadu Electricity Distribution Standards of Performance, Regulations vide Notification No.TNERC/SPR/9/1, dated 21.07.2004. Regulation No.3 thereof reads as under:-

(3.) The petitioner further submits that there is frequent unscheduled tripping primarily due to lack of maintenance work on the part of the respondents. This is clearly avoidable. The petitioner's factory is located in Kottudankadu, Mangalagiri Post. It is drawing its supply from Vagaikulam Substation, Tuticorin District. The petitioner-Mill is located at the distance of about 8 Kms. If the insulator is not in order, there will be power tripping. Similarly, the connecting devices should also be in proper condition. Any fault at any place in the HT line will have an adverse impact and there will be a tripping in the supply to the petitioner factory. If the maintenance is good then such tripping can be entirely avoided. Of course, load shedding and peak hour restrictions are policy matters. The petitioner is not questioning them. But the petitioner is entitled to expect that subject to load shedding and peak hour restriction, they should be given reliable and uninterrupted power supply. The petitioner has also given representation dated 21.10.2014 to the respondents requesting the respondents to take remedial measures to provide uninterrupted power supply to the petitioner-Mill, apart from the regular scheduled load shedding. Though the respondents received the said representation, the same was not considered till date. As a result, the petitioner-Company continues to suffer huge loss on various counts. Hence, the above writ petition has been filed.